Delhi High Court
Dal Chand(Decd.) Thru Lrs. & Ors. vs Uoi And Another on 20 January, 2011
Author: P.K.Bhasin
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA NO. 338 OF 2002 & CM No. 9837/2010
% Date of Decision: 20th January, 2011
# DAL CHAND (DECD.) THRU LRS. & ORS. ...Appellants
! Through: Mr. Inder Singh, Advocate
Versus
$ UOI AND ANOTHER ...Respondents
^ Through: Mr. Sanjay Poddar, Advocate.
CORAM:
* HON'BLE MR. JUSTICE P.K.BHASIN
1. Whether Reporters of local papers may be allowed to see
the Judgment?(No)
2. To be referred to the Reporter or not?(No)
3. Whether the judgment should be reported in the digest?(No)
JUDGMENT
P.K.BHASIN, J(ORAL)
The appellants as well as respondent No.1 Union of India had both
challenged the judgment and decree dated 22nd February, 2002 passed by
the learned Additional District Judge in LAC No. 14/97 whereby the
market value of the land of the appellants, who were the legal heirs of
the owner Dalchand, in village Dallupura pursuant to the notification
dated 17th November, 1980 and award No. 79/1982-83 acquired by the
Government was enhanced from ` 12,500 per bigha as awarded by the
Land Acquisition Collector to ` 3,45,000 per bigha. The appellants were
expecting more than what had been awarded to them by the Reference
Court and so they filed an appeal while Union of India filed cross
objections claiming reduction in the market value.
2. It is not in dispute that when the impugned judgment was passed
by the Reference Court relying upon two decisions of this Court in "Anil
Kumar Sharma vs. Union of India", 86(2000) DLT 825 and "Rattan Lal vs.
Union of India", RFA No. 338/94 decided on 24/08/01.
3. Counsel from both the parties had today submitted that filing of
the appeal by the appellants and cross-objections by the Government
was necessitated because the judgments of this Court in Anil Kumar
Sharma's case and Rattan Lal's case had been challenged by the
Government as well as land owners before the Hon'ble Supreme Court.
The land owners were asking for further enhancement while the
Government was asking for reduction in the market value of the acquired
lands involved in those two cases out of which Rattan Lal's case pertained
to village Dallupura, which is the village involved in the present case also.
The Hon'ble Supreme Court finally has set aside both these judgments of
this Court whereby the market value of the lands in village Dallupura had
been fixed at `3,45,000 per bigha and has reduced the market value to `
76,550/-per bigha vide its judgment dated 3rd August, 2004 titled as
"Delhi Development Authority vs. Bali Ram Sharma & Ors.", (2004) 6
Supreme Court cases 533.
4. Counsel for the appellants and Union of India have both very fairly
conceded that in view of the said judgment of the Hon'ble Supreme Court
the market value of the appellants' land is to be fixed at ` 76,550 per
bigha. Counsel also informed that in fact the appellants already stand
paid compensation at the said rate fixed by Hon'ble Supreme Court and
they also stated that now the appellants' appeal as well as Government's
cross objections can be disposed of by modifying the Reference Court's
judgment by fixing the market value of the land in question at ` 76,550
per bigha and maintaining other statutory reliefs granted to the
appellants by the Reference Court.
5. The appeal of the appellants and cross-objections filed by the
Union of India are disposed of accordingly and the Reference Court's
judgment and decree stand modified to the extent that the market value
of the land in question shall be now stand fixed at ` 76,550 per bigha as
against ` 3,45,000 per bigha fixed by the Reference Court vide impugned
judgment and the statutory benefits should be paid on ` 76,550 per
bigha.
6. Both the parties are left to bear their respective costs.
P.K. BHASIN,J
January 20, 2011
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